Kerala High Court
Baiju K.R vs State Of Kerala on 12 April, 2024
Author: Anil K. Narendran
Bench: Anil K. Narendran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ANIL K. NARENDRAN
&
THE HONOURABLE MR.JUSTICE HARISANKAR V. MENON
FRIDAY, THE 12TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946
WP(C)NO.13910 OF 2024
PETITIONERS:
1 BAIJU K.R.
AGED 46 YEARS
S/O RAGHAVAN, KULATHAMANNIL, VAZHAMUTTOM, OMALLOOR P.O,
PATHANAMTHITTA, PIN - 689647
2 PRADEEP M.
AGED 37 YEARS
S/O MANIYAN CHETTIYAR, THUNDIYIL VADAKETHIL,
OMALLOOR P.O, PATHANAMTHITTA, PIN - 689647
BY ADV S.NIKHIL SANKAR
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY TO THE
GOVERNMENT, REVENUE (DEVASWOM) DEPARTMENT, GOVERNMENT
SECRETARIAT,THIRUVANANTHAPURAM, PIN - 695001
2 TRAVANCORE DEVASWOM BOARD
NANTHANCODE, KAWDIAR P.O., THIRUVANANTHAPURAM,
REPRESENTED BY SECRETARY, PIN - 695003
3 DEVASWOM COMMISIONER
DEVASWOM COMMISIONERATE, TRAVANCORE DEVASWOM BOARD,
PRASANTHI NAGAR, PAZAHAVANGADI P.O.,
THIRUVANANTHAPURAM, PIN - 695023
4 THE SUB GROUP OFFICER
SREE RAKTHAKANDA SWAMY TEMPLE, PATHANAMTHITTA-KAIPATTU
ROAD, OMALLOOR P.O, PATHANAMTHITTA, PIN - 689647
5 STATION HOUSE OFFICER
PATHANAMTHITTA POLICE STATION, PATHANAMTHITTA P.O, PIN
2
W.P.(C)No.13910 of 2024
- 689645
6 THE TEMPLE ADVISORY COMMITTEE,
SREE RAKTHAKANDA SWAMY TEMPLE, PATHANAMTHITTA-
KAIPATTUR ROAD, OMALLOOR P.O, PATHANAMTHITTA,
REPRESENTED BY ITS SECRETARY, PIN - 689647
7 RENJITH @ PUTTU
PALLIKALETHU VEEDU, PAIVALLI BHAGHOM, OMALLOOR P.O,
PATHANAMTHITTA, PIN - 689647
8 PRASANTH S., CHENANGHAT, AIYMALIMEKKU, OMALLOOR P.O,
PATHANAMTHITTA, PIN - 689647
9 HARANANDANAN
S/O MARIMUTHU NIRAPPEL VEEDU, PAIVALLI BHAGHOM,
OMALLOOR P.O, PATHANAMTHITTA, PIN - 689647
SRI S.RAJMOHAN - SR GOVERNMENT PLEADER ;
SRI G.BIJU - STANDING COUNSEL- TRAVANCORE DEVASWOM
BOARD
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 12.04.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
3
W.P.(C)No.13910 of 2024
JUDGMENT
Anil K. Narendran, J.
The petitioners, who are devotees of Sree Rakthakanda Swamy
Temple, Omallur, which is a temple under the management of the
Travancore Devaswom Board, have filed this writ petition, invoking the writ
jurisdiction of this Court under Article 226 of the Constitution of India,
seeking a writ of mandamus commanding respondents 2 to 5 to ensure a
peaceful and calm atmosphere upholding the divinity of the sanctum
sanctorum of Sree Rakthakanda Swamy Temple, Omallur, Pathanamthitta
District, protecting the right to worship of the petitioners enshrined under
Article 21 of the Constitution of India; a writ of mandamus commanding the
4th respondent Sub Group Officer to consider Exhibit P4 representation
dated 19.03.2024, within a time frame fixed by this Court, and to redress the
grievance ventilated by the petitioners forthwith; a writ of mandamus
commanding the 5th respondent Station House Officer to consider Exhibit
P5 representation dated 22.03.2024, within a time frame to be fixed by this
Court, and to redress the grievance ventilated by the petitioner forthwith; a
writ of mandamus commanding respondents 2, 3 and 4 to take prompt steps
to issue orders to prevent illegal use and unauthorised occupancy of the
temple and its premises by respondents 7 to 9, for conducting mass drill
and weaponry training, in strict compliance with Exhibits P3, P7, P9 circulars
and Exhibit P8 direction of this Court in letter and spirit; a writ of mandamus
commanding the 5th respondent to afford adequate protection and ensuring
strict enforcement of law and order in strong and effective implementation
of Exhibits P3, P7, P9 circulars and Exhibit P8 direction of this Court; a writ
of mandamus commanding respondents 2 to 5 to protect and safeguard the
divine, serene, calm and peaceful atmosphere required to be maintained at
a temple, by ensuring peaceful mind, avoiding agony and mental stress to
ardent devotees, more specifically belonging to senior citizens, women and
children category, visiting Sree Rakthakanda Swamy Temple, Omallur,
against any violation of Exhibits P3, P7, P9 circulars and Exhibit P8 direction
of this Court, by respondents 7 and 9, their henchmen or anyone associated
with them; a writ of mandamus commanding respondents 2 to 5 to ensure
that its temples and temple premises, with specific reference to Sree
Rakthakanda Swamy Temple, Omallur are permitted to be used only for
offering silent prayers of devotees visiting the temple, ensuring calm
atmosphere required to be maintained during meditation and offering
prayers at the temple and to prevent all such illegal activities including of
shouting of loud slogans as done by respondents 7 to 9 including their
henchmen as a part of mass drill/weaponry training disrupting the peaceful
and serene atmosphere required to be maintained at a temple forthwith and
ensuring strict compliance in future as well; and a writ of mandamus
commanding the 5th respondent to maintain law and order in the temple and
its premises by affording adequate police protection during the festival
celebrations of the temple scheduled from 21.04.2024 to 30.04.2024.
2. On 04.04.2024, when this matter came up for admission, after
arguing for some time, the learned counsel for the petitioner sought an
adjournment, and accordingly the matter was posted to 09.04.2024. On
04.04.2024, the petitioner filed I.A.No.1 of 2024, an application seeking an
order to implead Rashtriya Swayamsevak Sangh as an additional
respondent.
3. On 09.04.2024, this writ petition was ordered to be listed along
with the Judges' papers in W.P.(C)No.18621 of 2023.
4. Today, when the matter is taken up for consideration, after
arguing for some time, the learned counsel for the petitioner seeks
permission to withdraw this writ petition without prejudice to the right of the
petitioners to file a fresh writ petition with proper pleadings and materials
regarding the alleged weaponry training in the premises of Sree
Rakthakanda Swamy Temple, Omallur.
5. Based on the aforesaid submission made by the learned
counsel for the petitioner, this writ petition is dismissed as withdrawn,
without prejudice to the aforesaid right of the petitioners.
Registry to return the Judges' papers in W.P.(C)No.18621 of 2023.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
HARISANKAR V. MENON, JUDGE
AV/12/4
APPENDIX OF WP(C) 13910/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE I.D CARD OF THE 2ND PETITIONER
AS MEMBER OF THE TEMPLE ADVISORY COMMITTEE,
ISSUED BY THE 4TH RESPONDENT
Exhibit P2 TRUE COPY OF THE PHOTOGRAPHS EVIDENCING THE
TRAINING CONDUCTED BY THE 7TH TO 9TH
RESPONDENTS
Exhibit P3 TRUE COPY OF THE CIRCULAR BEARING R.O.C.NO:
489/2021/VIG ISSUED BY THE 3RD RESPONDENT
DATED 30/03/2021
Exhibit P4 TRUE COPY OF THE COMPLAINT PREFERRED BY THE
1ST PETITIONER BEFORE THE 4TH RESPONDENT DATED
19/03/2024
Exhibit P5 TRUE COPY OF THE REPRESENTATION PREFERRED BY
THE 1ST PETITIONER BEFORE THE 5TH RESPONDENT
DATED 22/03/2024
Exhibit P6 TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT ISSUED
BY 5TH RESPONDENT TO THE 1ST PETITIONER DATED
22/03/2024
Exhibit P7 .TRUE COPY OF THE CIRCULAR BEARING NO:ROC
NO:17/23/VIG ISSUED BY THE 2ND RESPONDENT
DATED 18/05/2023
Exhibit P8 TRUE COPY OF THE JUDGMENT DATED 7.8.2023 OF
THIS HONOURABLE COURT IN G. VYASAN AND ANOTHER
V STATE OF KERALA AND OTHERS[2023 KHC 9216]
Exhibit P9 TRUE COPY OF THE CIRCULAR NO: R.O.C.NO:
23/2023/VIG ISSUED BY THE 3RD RESPONDENT DATED
20/10/2023
Exhibit P10 TRUE COPY OF THE F.I.R DATED 19.5.2022 IN CRIME
NO:585/2022 OF PATHANAMTHITTA POLICE STATION
Exhibit P11 TRUE COPY OF THE FACEBOOK POST OF THE 7TH
RESPONDENT DATED 23/10/2023
